Q: What is the current view of the condominium director 8 year limit law?
C.G., Jensen Beach
A: The relevant portion of the law you mention is 718.112(2)(d)2 enacted on July 1, 2018. “A board member may not serve more than 8 consecutive years unless approved by an affirmative vote of unit owners representing two-thirds of all votes cast in the election or unless there are not enough eligible candidates to fill the vacancies on the board at the time of the vacancy. However, there was great debate as to whether the law was retroactive from July 1, 2018 or prospective from that date. My opinion is that the law is prospective meaning the 8-year clock started on July 1, 2018 so prior years of service before that do not count. However, the Division of Condominiums held the opposite opinion. Just recently the Division of Condominiums reversed course again and now agrees the 8-year clock runs from July 1, 2018 forward.
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